93CW16 56h Motion

• Case Number: 95CW0150
• Stream Name: Yampa River
• Acq Structure: Steamboat Lake
• Watershed: Upper Yampa
• Water Division: 6
• County: Moffat
• County: Routt
• Instream Flow Acq - Doc Type: Misc

01
FILED WKI F-R uw. b
DISTRICT COURT, WATER DIVISION NO. 6, STATE OF COLORADO STATE OF COLORADO
Case No. 93CW16 APR 3 0 1993
STATEMENT OF OPPOSITION
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF COLORADO DIVISION OF
PARKS AND OUTDOOR RECREATION,
IN ROUTT COUNTY.
1. Name of Objector: Thomas R. Sharp
4k r1:
Mailing Address: P.O. Box 774608 ! r` .{ 'r }n'fir'c�Tj ]# ?if
Steamboat Springs, CO 80477
(303) 879-7600
2. Structure: Steamboat Lake
3. Grounds for Objection:
The application herein should be denied for the following reasons:
(a) The Objector is a resident of Routt County, Colorado. The
Objector has been and intends to continue to be a user of the Steamboat
Lake State Park, managed by applicant, surrounding Steamboat Lake,
including use of Steamboat Lake itself and the waters stored under the
decree in Case No. 90CW01, Water Division 6, for fishing and recreation
purposes. Applicant obtained a decree for the subject water right in
Case No. 90CW01 for, among other uses, recreation and fishery purposes
for storage within Steamboat Lake. Applicant's actual sole use of the
water decreed in Case No. 90CW01, including uses prior to the
application and decree in such case, has been and is the use thereof by
members of the public for recreation and fishery purposes at and within
Steamboat Lake in conjuction with the use and enjoyment of Steamboat
Lake State Park surrounding Steamboat Lake. The users of the decreed
water are the public invitees enjoying Steamboat Lake and the
surrounding Park for recreation and fishing purposes, admitted to the
Park by the regulations and enforcement of the applicant. Any water
right held and owned by applicant is "for the benefit of the citizens of
this state [Colorado] ," C.R.S. §33-10-107(1) (a) . The Objector is a
member of the public, a citizen of the State of Colorado, and is a
person who has used and is entitled to use and have the benefit of the
water stored under the decree in Case No. 90CW01, within the definition
of the first sentence of C.R.S. §37-92-305(3) .
(b) The applicant should be placed on strict proof of each element of
the claim, and the application must be denied if any element is not
proven by a preponderance of the evidence.
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